Check the condition of the walls and the condition of the seller: what to look for when buying a secondary home?

Registration procedure

The transaction process is carried out on the basis of a purchase and sale agreement.
Its conclusion and registration is the final stage confirming the transfer of ownership of the property. If the property is in shared ownership, then according to the new rules the contract must be notarized.

Next, the document is submitted to Rosreestr along with the rest of the paperwork. The parties to the transaction can do this in person or transfer them through the multifunctional center. As for the transfer of money, the apartment owner and the buyer must agree on this in advance. Money can be transferred to a current account, handed over in person or through a safe deposit box.

Additional expenses of the parties during the transaction differ. If there is a need for notary services, the buyer pays for them. The approximate cost is about 1% of the housing price. Both parties must pay the state fee for registering the contract, dividing the amount between themselves.

Also, the seller must pay personal income tax in the amount of 13% of the amount received if the property belonged to him for less than 5 years.

Many inexperienced buyers constantly ask the same question: where to start? The first thing that comes to mind is to use the services of a realtor when buying an apartment, that is, turn to knowledgeable specialists.

Naturally, this option significantly reduces the hassle of the process, because knowledgeable people will handle the paperwork and you won’t have to go to notaries and lawyers. The critical fly in the ointment in this matter is additional costs. Whatever one may say, any work must be paid, and even more so for a competent specialist. Therefore, in this case, be prepared to pay a tidy sum for services of this kind.

Here, the step-by-step instructions for buying an apartment come down to just two points: the first is to contact the agency and conclude an agreement with them for the provision of services, and the second is to wait for the best offer for you, say “yes” and sign where necessary. The professionals will do the rest for you; you will only need to pay the amount agreed upon in the contract for the provision of services and for the apartment itself.

Advice from home buying experts

As a result, we can give a number of criteria that determine the comfort of housing:

1. remoteness of the house location from the center;
2. prestige and ecological cleanliness of the area;
3. distance to the nearest public transport stop;
4. the material from which the house is built, as well as the year it was built;
5. floor, number of living rooms and their dimensions;
6. ceiling height;
7. orientation of apartment windows;
8. desired apartment layout: location of rooms, bathroom, kitchen, hallway;
9. the presence of a balcony or loggia, as well as their dimensions;
10. general condition of the apartment;
11. condition of the courtyard area and entrance;
12. availability of a landline telephone in the apartment;
13. the presence of an elevator and its lifting capacity;
14. the presence of a garbage chute.

We hope that simple advice will help you find a decent option and, without wasting time, nerves and financial resources, become the owner of the apartment you could only dream of.

How to buy on the secondary market

Realtors and lawyers are of the same opinion on this issue - it is most profitable to purchase housing on the secondary market in spring and autumn. It is at this time that the real estate market noticeably revives, new offers appear, so you can conclude a deal that is beneficial for both parties. But in the winter, at the height of the holidays, or in the summer, when most spend time on vacation, there comes a certain lull.

Step-by-step instructions for carrying out this transaction are as follows:

1. Search for an apartment. To protect yourself from possible risks in the future, you can contact a real estate agency.
2. Inspection of living space. At this stage, you definitely need to pay attention to the documents, as well as the technical condition of not only the apartment, but the entire building.
3. Seller verification. When buying a secondary home, there is always a risk that the seller may not be the owner.
4. Conduct of negotiations. The parties must discuss the cost of the property, terms and other nuances of the transaction.
5. Concluding a purchase and sale agreement. The presence of a notary when signing a document is mandatory in most cases.
6. Registration of the agreement in Rosreestr.

These are standard actions when purchasing an apartment that the parties to the transaction are required to carry out.

How to find a cheaper apartment?

Prices for real estate vary depending on the area, season, and life situation of the owner.

Information sources:

• Acquaintances, relatives;
• Internet portals for real estate sales;
• Real estate agency website 1REALTY.UA.

A real estate agency always has the most accurate, up-to-date information. By contacting specialists, you will get the best option at a cost.

Getting to know the apartment

The advertisement has been found, the information on the website or in the newspaper has been studied, now you need to inspect the apartment in person to complete the picture. If you are interested in buying a secondary apartment, then you need to call the direct seller and clarify some important details, namely: whether the specified living space is actually for sale; Is the stated price correct? what are the inspection conditions?

In the case of new buildings, things are usually different. There are specific days indicated by the development company where those interested can inspect the property and ask all their questions. Such an inspection most often takes place in the format of an excursion: a group of potential buyers walks with a “guide”, learning the necessary information along the way.

Let's return to secondary housing. On the day you agreed on a meeting with the seller, you should call again and confirm the time. Sometimes it happens that the apartment has already been sold or promised to another for a good advance, that is, to a more “interesting” client. If the seller is a realtor, he may ask you for an individual meeting to ask some questions.

The fact is that the real estate agency employee is responsible under the contract, that is, here we are talking about the security of the transaction, first of all, for the seller. And it is very difficult to draw any conclusions about the buyer over the phone. Some agencies even offer to sign unique forms for the purchase of an apartment, which guarantee further cooperation between the two parties.

Which is better: new building or secondary housing?

How to find what will best meet all your needs? First you have to decide whether the apartment will be in a newly built building, or whether it is better to find housing in an already inhabited area.

Secondary housing

- this is an apartment in which someone has already lived and which already had owners. Therefore, apartments in a commissioned new building are the property of the developer and are considered secondary housing.

Primary housing

- this is exclusively an apartment in a new building, and housing in a building under construction is not purchased, but invested.

Advantages of secondary housing

When the apartment is ready to move in, this is beneficial for several reasons. First of all, if such a residential area is in good condition, it is ready to accept new residents in the shortest possible time. However, even if cosmetic repairs are necessary, the new owners will not have to wait long, and updating the interior will not be so expensive. In many cases, the cost of utilities in the secondary housing sector is cheaper than in new buildings.

Disadvantages of secondary housing

The main disadvantage of secondary housing is that it is not new. This means that new owners will have to deal with old wiring and plumbing. Pipes may leak, electrical outlets may spark, and plaster may fall from the ceiling. Although caring for such an apartment is not too expensive, it will have to be constantly maintained in decent condition, which takes a lot of time.

In addition, living in an old apartment, compared to a new building, may not be as comfortable. The entrances of houses built sometimes several decades ago are protected, at best, only by an intercom or a combination lock, and residents of new buildings today often hire a concierge or watchman.

Advantages of a new building

New buildings also have other advantages. The entrances here are much more spacious and cleaner than in old houses, the ceilings are higher and the elevators are more convenient. There are security systems, and most importantly, modern layouts are much more comfortable and thoughtful than those that can be found in almost all houses of the Soviet era.

And it’s probably more pleasant to feel like the first and only owner of an apartment.

Disadvantages of new buildings

However, new buildings cannot be called ideal. If the apartment is sold without any repairs, then the owner will have to invest money and effort into it. And you can forget about quick comfort and moving. An apartment in a new building has concrete walls, cement-smelling ceilings and a gray floor made of the same concrete. The first renovation in a new building will have to be taken with all seriousness and dedication.

, since the process will require not only large financial costs, but also enough time and nerves. Since the repairs will not bypass any of the neighbors, the first years in a new building are always associated with constant knocking, the sound of drills and hammer drills, carrying furniture and construction debris. Noise and knocking will be heard regularly and from absolutely all sides.

Therefore, if there are small children in the family, then it is better to refuse to buy an apartment in a new building.

]

Purchase rules

Real estate transactions should always be carried out slowly, thinking through every step. There are many ways to deceive buyers that at first glance seem completely legal. Therefore, when purchasing an apartment on the secondary market, you must adhere to the following rules:

1. Advance payment. The seller may require a small amount up front and has every reason to do so. For the buyer, the advance is a guarantee that the deal “will not fall through.” But lawyers still advise concluding an advance agreement, which will allow the buyer to take his money back in case of unforeseen circumstances. The document must also contain information about penalties for refusing the transaction.
2. If the parties decide to enter into an advance payment agreement, it is also necessary to draw up a separate annex on the technical condition of the apartment. It is accompanied by photographs and other documentary evidence.
3. When transferring an advance payment to the seller, the buyer must receive a receipt. It is she who confirms the receipt of money by the seller, and not the advance agreement.
4. At the next stage, the buyer must begin the procedure for preparing documents. If an apartment is purchased with a mortgage, the bank will provide a list of required papers.

Next, the transaction is completed and the entire amount for the apartment is transferred.

Which floor is more suitable for living?

Top floor

If you are seriously considering an apartment in Khrushchev, located on the top floor, then you should make sure that the house has a gable roof

. With this roof design, the likelihood of freezing and leakage of future housing is significantly reduced. If the house has a technical floor or attic, then this space can later be privatized and after redevelopment you can get a two-level apartment.

You can obtain information from the management company about the last time a major renovation was carried out in the house and the roof was updated. If you have an attic, it is better to inspect its condition in person to make sure that the roof is not leaking.

Interestingly, the often-held negative opinion about the top floor is not entirely true. The last floor with a strong roof turns out to be the most comfortable. Here you can’t hear your neighbors’ steps overhead, which are especially tiring on holidays or if there are small children in the apartment on the floor above. The stairwell here is always quiet, no one except the closest neighbors walks up the stairs, and there is less street noise coming here.

First floor

The apartment on the ground floor also requires close attention. And if the residents of the top floors can be let down by the roof, then on the first floor the basement can become the cause of extreme inconvenience. If there is high humidity here, it will inevitably penetrate into the home.

And this means damaged repairs, smell, mold and mildew. There is also an external cause of problems. These are garbage containers that can be located under windows, and in the absence of proper security at the entrance, the first floors of houses are often visited by suspicious individuals.

View suitable apartments

The first thing you need to do is inspect the entrance. From it you can make a first impression about the residents and, in some cases, about the apartments themselves. By the decoration of the entrance or the lack thereof, it is easy to determine the cleanliness of future neighbors and how the housing service company treats the house.

We suggest you read: How to get a tax deduction for education

Be sure to pay attention to the walls and baseboards. This is especially true on the first floor, where you can often see mold - a breeding ground for diseases. If you are considering the option of the last floors, then you need to carefully consider the ceilings and the quality of the walls. The presence of even the slightest traces of leakage indicates that you will suffer with the repair of your living space until the roof of the house is properly repaired.

A corner apartment requires a slightly different, special approach, unlike the rest of the house. It is exposed, as they say, to all winds, so such housing, without proper attention, becomes noticeably colder, and at the same time dampness is added.

Be sure to inspect all plumbing fixtures. If it is closed with nice panels, then do not hesitate to ask the owner to somehow open it or dismantle it. Most often, such “beauty” hides large plumbing flaws in the form of rusty and leaking pipes.

Pay attention to the smell. If upon inspection you are greeted by a strong smell of lavender or “mountain freshness,” then you need to be wary. There may be a veiled stinking sewer or some local dump under the window.

It should also be noted that it is better to inspect the apartment during daylight hours. The light from the lamp will not say much about repairs or small details of the interior, and you won’t really appreciate the view from the window, as well as the “day life” of the home (trams, the hum of cars under the windows, etc.).

After a long election, a very labor-intensive stage follows: reviewing suitable options.

It will especially complicate the matter if you have to drive to the selected places from afar. In order not to spend a lot of time on the inspection, but at the same time get the maximum benefit from it, you should use the following recommendations:

1. You should not go to the inspection alone. It is better to take one of your relatives or friends with you, especially if the person already has similar experience in buying a home. It is difficult for one person to objectively evaluate the proposed premises; it is easy to lose sight of something.

   

2. It is better to view the apartment during daylight hours. And, if this is extremely problematic to do in winter - the sun sets even during the working day, then in other seasons there is much more time. Perhaps this is why housing is sold least often in winter, but you can get the maximum discounts on it.
3. Upon completion of the inspection, you should pay attention to the entrance itself, and also talk to your neighbors. They can tell you about the pitfalls of a given house.
4. It would be a good idea to inspect the yard to see if it has playgrounds, benches, flower beds and trash containers.
5. After all, it’s worth checking out the availability of nearby shops, kindergartens, schools, and clinics. This is quite easy to do by studying a map of the area online or using a navigator on your phone.
6. Even if the option suits you in all respects, you should not rush to conclude a deal with the owner. First, you can try to negotiate the price. Secondly, it is important to carefully study real estate documents to protect yourself from fraud.

Apartments in new buildings - disadvantages and advantages

Developers build new houses using different construction technologies: they use materials of different quality, different thermal insulation, noise reduction, and so on. This directly affects the level of the new home: economy, comfort, business, premium class. Let's analyze the pros and cons of new buildings.

Advantages:

• Modern technologies, building materials;
• Plastic windows;
• New engineering networks, communications;
• Electrical wiring made according to modern standards;
• The presence of several electrical points in the room;
• Power that allows you to turn on household appliances simultaneously;
• Open plan;
• Repairs tailored to individual preferences;
• Wide selection of apartments in one building;
• Video surveillance, concierge at the entrance;
• Affordable prices at the start of construction;
• Availability of installments, mortgage.

A significant plus is the regulations obliging the developer to provide the infrastructure of the residential complex. The projects include parking lots, children's playgrounds, sports grounds, and landscaping. Usually there are shops, kindergartens, schools, bus stops nearby.

Flaws:

• Long wait for delivery of the object;
• Choosing an apartment according to plans, diagrams, booklets;
• Complex paperwork;
• High cost per square meter.

A significant disadvantage is the risk of changes in construction deadlines and bankruptcy of the developer. But when choosing housing in a new building, you can eliminate these disadvantages by contacting a reliable developer and real estate agency 1REALTY.

Nuances during the registration process

You need to know that a number of essential documents will not be required to complete the transaction, but without them, the buyer assumes the risks of subsequently challenging the deed of sale if nuances are discovered that reveal legally incorrect actions of the parties. For example, if the transaction entailed a violation of the property interests of third parties. Also:

1. Officially undocumented documentation for the reconstruction of the apartment is transferred to the new owner, who may be subject to sanctions for unauthorized construction on the basis of Article 7.1 of the Code of Administrative Offenses of the Russian Federation.
2. Minor children who have not been discharged before the conclusion of the transaction can subsequently be discharged by the owner through the court only upon reaching the age of majority.
3. The same applies to persons in whose favor lifelong residence in the living space has been registered - they cannot be evicted even after a change of owner.

Therefore, attention to the smallest details when purchasing is a guarantee of obtaining secondary housing without legal consequences.

Read about what other risks a buyer may face when purchasing an apartment on the secondary market here.

The seller and buyer are also subject to mandatory rules and requirements:

• reaching adulthood;
• capacity;
• having a civil passport;
• personal presence or representation.

Minor owners are represented by parents, adoptive parents or guardians who have received permission for the transaction from the guardianship and trusteeship authority.

Negotiations with the seller should include not only the transfer of money, but also the resolution of other important issues:

1. When will the seller and his family members check out of the apartment being sold?
2. When will they physically vacate the living space (if the seller lives in the apartment)?
3. What will the seller leave in the premises for the buyer?
4. How long will it take for the former owner to remove the items?

All these and other important issues must be resolved by the parties to the transaction before concluding any official papers.

Help: this is especially true for deregistering residents, since after the sale and purchase, this procedure may take a long time. And the new owner will have to sign strangers out on his own.

Real estate transactions often fall through because the owner of the apartment raises the price. The buyer has several options:

1. Refuse to purchase.
2. Insist on the old price. A good argument in this case is an advance agreement. It can be used as evidence of the seller's misconduct during legal proceedings.
3. Agree to increase the price.

For your information: unscrupulous realtors are often involved in raising prices, while the owner of the living space is not even aware of it. Therefore, lawyers recommend discussing this issue only with the seller.

Choosing housing

Next, what you should pay attention to is the property itself. That is, these are the nuances that will “come out” in the first weeks of living in the purchased apartment.

Infrastructure

Many people buy an apartment on the secondary market precisely because of the developed infrastructure. Therefore, you need to study everything that is important, right down to the location of transport stops and shops. Lyudmila Shadrina from:

Firstly, you should come to view the apartment by public transport, or by car during rush hour. This way you will understand the true picture of the transport accessibility of potential housing.

Next, you should carefully inspect the yard (the presence of drinking establishments, store unloading areas in the immediate vicinity of the entrance, garbage cans) and common areas in the entrance (the condition of the stairs, elevator, front door can say a lot about the neighbors and the work of the management company).

And, of course, you should study the infrastructure of the area. For example, if you have small children, the lack of adequate access to schools, kindergartens, and clinics can significantly reduce the quality of life.

Lyudmila Shadrina

, specialist at the law firm Help Consulting.

Also, when studying the infrastructure, it is worth paying attention to two more points:

1. Are there any garages nearby and how close to the house;
2. the number of neighbors and the presence of street animals in the yard.

If the buyer has a car,

then the proximity of garages is very good. But, for example, if the road home runs through a garage cooperative, then walking there in the dark can be not only scary, but also dangerous.

In addition, it is worth taking a closer look at the contingent of neighbors.

If there are bottles lying near the entrance, then perhaps a family or person who abuses alcohol lives nearby. Which will further negatively affect the peace of neighbors. If grandmothers sit near the house, then, for example, it will be easier for young parents, since they can come to an agreement with them - grandmothers are always willing to look after their children on the street.

And of course, you should pay attention to yard animals

. If there are too many of them, then it is better to think about an apartment in another building - many cases of dog attacks are recorded throughout Russia every year. And even if they are kind now, no one can say how they will behave in another situation. Moreover, if the family has children from primary and secondary classes who go to school alone.

House: year of construction and other nuances

The next point to pay attention to is the house itself. If it was built relatively recently, then there will be no serious problems with it. But if the apartment is located, for example, in a Khrushchev building, then in the future problems may arise, for example, with the condition of the balcony or communications.

An important point is the material from which the house is built

. Panel houses are colder and have poor sound insulation, brick houses are warm and have good sound insulation, and monolithic ones are generally considered the best option.

If the house was built in the early 90s,

then you should additionally check whether it is protected real estate by the Ministry of Culture. In such houses, remodeling or changing the appearance of the facade is prohibited (and in the future there will be problems with replacing or glazing the balcony).

Repair

Well, now let’s move on to the most significant moments in life – the state of the apartment itself. Almost all experts drew their attention to this, and at the beginning I would like to quote the words of Mikhail Sakov from Remelle

:

The most important thing is to assess the current condition of the apartment. If repairs need to be made, what kind? Are cosmetic repairs enough or will everything have to be demolished and a major overhaul done? Major renovations can involve significant financial and time costs. In addition to the cost of repair work, it is necessary to evaluate the cost of materials, furniture, appliances and other interior items, household items and decor. With a mid-level overhaul and complete furnishing of the entire apartment, the cost of the cost can be comparable to the cost of the apartment.

Mikhail Sakov,

leader Remel.

Alexander Sotnikov also drew attention to the importance of major repairs

from the Atlas Real Estate agency and
Lyudmila Shadrina,
they described in detail the most “problematic” places in the apartment:

The bathroom (particular attention should be paid to communications and their condition, this is one of the most expensive repair items), then the windows (inspect the windows for integrity and for ventilation), the entrance door (replacing it can also cost a pretty penny), in the corners of the apartment pay attention for the presence of fungus or blackness from freezing (this happens due to violations of construction technology both in new and in houses older than 5 years).

Alexander Sotnikov

, owner of the Atlas Real Estate agency.

You should pay attention to the condition of floors, pipes, risers

. The smell of mold or the presence of smudges may indicate that significant investments will be required during the renovation.

Lyudmila Shadrina

, specialist at the law firm Help Consulting.

You should also pay close attention to the condition of the electrical wiring. If suddenly dark stripes are visible on the wallpaper in the apartment, then the wiring is clearly in poor condition. In the near future it will be necessary to trench the walls and make complex repairs

. But you shouldn’t pay attention to the color and condition of the wallpaper or the color of the floor - you can change the appearance of the apartment at your own discretion at any time, as soon as you have money and time for repairs.

Possibility of redevelopment

Don’t underestimate the importance of housing planning; for some, this point is very important. For example, some buyers will find it convenient to have rooms on different sides, while others will find it convenient to have a large kitchen and a separate bathroom.

Alexander Sotnikov spoke about which apartments should be classified as the most profitable according to their layout

:

The best options are considered to be an apartment facing two sides (ideally north and south); such apartments will be bright and well-ventilated. It is better to choose more standard layouts (without beveled or open corners) because they will be easier to sell. When choosing a small apartment, it is better to try to choose an option with a dressing room or a large niche (this saves a lot of space in the living areas). But still, choosing a layout is an individual process and there is no generally accepted opinion here.

Alexander Sotnikov

, owners of the agency "Atlas Real Estate".

In addition, the layout of the apartment can visually reduce or increase the space

, as well as conveniently arrange furniture and make living conditions more favorable. Mikhail Sakov especially drew attention to this:

There are apartments with an unsuccessful layout, which is impossible to do anything about. For example, when the apartment has a small kitchen and it is “surrounded” by load-bearing walls, or an unreasonably large area is “lost” in narrow corridors. There can be many such examples of incorrect ergonomics.

Due to the irrational use of space in a simple two-room apartment, 5-10 square meters can be lost. If these meters are expressed in money, then this is a huge amount. It is important to understand that with proper space planning, a smaller apartment can be more comfortable to live in than a large apartment with an unsuccessful layout.

Mikhail Sakov

, leader Remelle.

Neighbours

But where it is easier to choose a secondary than a primary is in relation to neighbors - in a house under construction it is unknown who the neighbors will be

, but when buying a secondary home, you can immediately get to know them.

When talking with neighbors, you can find out a lot, even down to what categories of residents live in the house. In addition, you can immediately stipulate, for example, that after purchasing a home it is planned to make renovations, that is, it will be noisy.

Don’t forget that you will be living with the same neighbors for a long time. Therefore, you should not quarrel with them at the dating stage, so as not to create unnecessary problems for yourself. Mikhail Sakov also shares this opinion.

:

Repairs create discomfort for neighbors, so before buying an apartment it makes sense to get to know your neighbors. This will reduce the degree of dissatisfaction among neighbors due to repairs, and perhaps protect you from potential conflicts.

In business and premium class residential complexes, the factor of neighbors can create great difficulties for carrying out repair work, which also affects the cost of repair work. Of course, all this applies to apartments that are being considered for permanent and long-term residence. Temporary, rental or investment housing “lives” by different rules.

Mikhail Sakov,

leader Remel.

Future infrastructure changes

It’s good when you know all the changes in infrastructure when buying a home. But there are some categories of sellers who can be classified as partially unscrupulous. These are those who “forget” to talk about significant changes that will happen in the near future

, for example, about the demolition of a school or kindergarten building or, conversely, the construction of an entertainment center.

drew attention to such sellers in his interview :

Sometimes an important criterion for a buyer to select an apartment is the absence of a highway near the windows or a forest park within walking distance, and in this case the seller, in order to complete the transaction, can hide the fact that in a couple of months large-scale construction of a highway with deforestation will begin under the windows. You can check this data by studying published urban planning documents for the area, as well as talking with the district police officer, neighbors or representatives of local authorities.

Anton Gusev

, head of the KRASS-Practik bureau, expert in the field of security of real estate transactions and risk minimization.

Negotiation

After you have thoroughly studied the property and inspected the entrance, you can proceed to negotiations with the seller and discussion of an advance payment when purchasing an apartment. Those flaws that you saw can be used as an excuse, that is, you can ask for a discount. Sellers, as a rule, do not reduce the price by more than 10%, but sometimes some agree to more.

By the way, if they quickly agreed with you about some shortcomings in housing and offered an unprecedented discount, then this is a reason to be wary. This means that not everything is as rosy with this apartment as the seller describes. There may be some hidden problems here, both with the condition of the housing itself and on the legal side. The first can still be corrected somehow, but with the second you risk not only delaying the purchase process for a long time, but even losing money.

Neighbours

If, when viewing an apartment, you ask the realtor or the owners a question about the neighbors, the answer will be very predictable. Only kind-hearted, sympathetic people live around.

But just a few weeks after purchasing the apartment, the previously unknown life of the house begins to open up. You can also find out some not so pleasant details about your new neighbors. To prevent this from happening, before buying a home it is useful to make a visit to everyone who will live on the side, below and above. If they do not want to communicate, you can get an idea by the appearance of people and the few words that they will utter.

If you are going to buy an apartment in a new building, you will have to rely only on luck.

]

Risks. How to avoid being deceived

Such a transaction has some pitfalls that the buyer must be aware of:

1. Sale by proxy. It is necessary to carry out purchase and sale with a trusted owner only after a thorough check of the documents. Example from practice: N. bought an apartment under a power of attorney, which the owner K. registered in M. But after completing the documents, it turned out that K was mentally ill and did not have the right to carry out such transactions. The contract was terminated.
2. Participation of legal entities in the transaction. The buyer should be wary if the seller of the property is an organization.
3. The apartment was purchased by the seller using maternity capital. By law, such housing is registered in the name of all family members, including children. And when selling the children’s shares, they must be registered in another living space. If the seller ignores this rule, the transaction may be considered illegal.
4. The owner of the property is a partially incapacitated citizen. Most often, such a seller suffers from alcoholism, drug addiction or mild mental disorders. He can enter into transactions, but his health condition may give rise to a claim to invalidate the sale by his relatives.
5. Both spouses are the owners of the property. The notarized consent of the husband or wife to the transaction will be required.
6. Number of heirs. Example from practice: an apartment was bequeathed in equal shares to a brother and sister. But the brother illegally sold the property without notifying his relative. As a result, the court declared the deal illegal and demanded the return of the property. The buyer in this case remained the injured party.
7. Presence of encumbrance. The apartment may be mortgaged, etc.
8. Illegal redevelopment. The new owners will have to eliminate its consequences (pay a fine or make repairs).
9. The property is in shared ownership. The co-owners have a pre-emptive right to buy out the seller's share. Therefore, the deal can only be carried out after their refusal. Violation of this rule will lead to legal proceedings, and the court will be on the side of the co-owners.
10. The house is on the list for resettlement. It is prohibited by law to sell apartments in such a building to private individuals.

We invite you to read: Why people are evicted from municipal and privatized apartments

These are the main points that a buyer must pay attention to before buying a home. Any alarming fact should force him to double-check the documents provided or continue searching for an apartment further.

How to choose the right area

When choosing an area where you will buy an apartment, it is important to take into account a lot of criteria. Among them are the possibility of quick access to the highway, the proximity of the future home to children or parents, to the place of work and other objects that play an important role in life.

But besides this, do not forget about the environment.

If in the immediate vicinity of the area there are environmental polluters such as industrial enterprises and vehicles traveling in a continuous stream, then over time there may only be less clean air. The proximity of industrial facilities and transport interchanges may have a detrimental effect on health. But if there is a green area, park or square nearby, then the plants will reduce the harmful effects of transport and enterprises.

If you have to use public transport in your new place of residence, it is better to come to the nearest stop during the morning rush hour to find out whether transport runs there often enough and whether it is easy to get on the bus. The proximity of the final stop can be considered an advantage, since the chance of comfortably getting to the right place increases. You should definitely be wary of the location of power lines and high-voltage power lines near your home.

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Low-frequency electromagnetic radiation from these structures can adversely affect health and even provoke certain diseases. If you have a personal car, then it would be a good idea to make sure that there is a paid parking lot near your house. However, if such a concentration of cars is located right under the windows, then you should not be surprised that you will have to put up with the howling of car alarms, the sounds of running engines and their exhausts

If there is a 24-hour pavilion or a sales tent under the windows, then at night you can sing folk songs performed by drunken voices of ballads, and in the morning you can walk past bins filled with bottles and cans.

When choosing an area, you should make sure that the area has pharmacies and clinics, consumer services and schools, kindergartens and all the necessary shops, as well as other infrastructure. If there are children in the family, then you definitely need to personally visit a kindergarten or school to make sure of their performance and at least externally assess their level. And in the education department you can check the rating of educational institutions located in this area.

Down payment

The practice of concluding real estate transactions shows that the signing of almost any agreement of such a plan provides for an advance payment when purchasing an apartment. There is no need to be afraid of this and there is no fraudulent background here, unless, of course, this is a real seller or realtor. This step is a direct confirmation of the buyer’s serious intentions regarding the purchase of living space.

The deposit is a guarantee for both the seller and the buyer. The first one will no longer look for buyers, and the second one is confident that the apartment has been found and can move on to the next stage.

Agreements of this type are more loyal to those who purchase housing (mostly). If the seller breaks his word, that is, the purchase of the apartment will not be completed on you, then he must return the deposit in double amount. In the case when the initiative to terminate the contract comes from the person purchasing the housing, the advance payment is simply not returned to him.

Pros and cons of purchasing

Having chosen a secondary market property, the buyer should know what its positive and negative sides are.

The advantages of purchasing such property include:

• a huge selection of objects located in all areas with already developed transport links and the necessary infrastructure;
• the opportunity to move into the apartment immediately after its registration; when purchasing in a new building, you will still have to wait for the completion date of the house;
• there is no danger that the apartment will not be completed; if purchased from a developer, this option is possible; this most likely threatens the loss of money, not to mention time
• the cost of housing here you can choose the price according to your capabilities;
• When purchasing secondary real estate with a mortgage, the rate is slightly reduced due to the fact that the property is already ready and is immediately secured by the bank.

These are probably the main advantages that a secondary apartment has, but in addition to the positive side, there is also a negative side.

Questions and answers

How to check the history of an apartment before buying it?

Answer: First you need to establish the identity of the seller. To do this, his civil passport and documents for the apartment are checked. Passport details can be checked on the migration service website. With an apartment it’s even easier - you need to order an extract from Rosreestr.

How to protect yourself when making a transaction by proxy?

Answer: Firstly, the power of attorney to carry out this type of legal action must be notarized. The authenticity of the notarization can be checked in the Spark system. Secondly, it is important to find out why the owner does not sell the property personally. The buyer must pay attention to the date of conclusion of the document.

Knowing how to buy a home on the secondary market, it is easy to protect yourself from scammers. The main thing is not to rush, anticipating the housewarming, but carefully check the documents and take into account possible risks.

Check the owner of the apartment

If the owner is a minor, then permission from the guardianship authorities will be required to complete the transaction. By the way, guardianship authorities often interrupt such transactions.

People whose legal capacity is in question can even cause legal disputes. These are usually older people or people with addictions. In the midst of the transaction, relatives may appear who are against the sale of living space.

It is worth paying attention if the owner is in not so remote places, has moved abroad or has been declared missing.

The agreement can be concluded in two versions: in a simple form and notarial. The main thing to remember is that a well-drafted contract is the only chance not to be left out in the cold in the event of an unpleasant situation with the apartment. Many people refuse to sign contracts with a notary, but in vain.

When the apartment has been thoroughly inspected, all documents have been checked, and the purchase and sale agreement has been correctly drawn up and signed, you can equip the apartment and start a new life in a new place.

Familiarization with documents when purchasing an apartment

After inspecting the living space and discussing financial issues with the seller, you must carefully study the available documents for the apartment. If you are well-versed in legal matters, then you can make such an assessment yourself; in other cases, it is better not to skimp and turn to lawyers. Checking such a plan is not a full-fledged sale, but a simple inspection of documents, so it is inexpensive, and its importance is invaluable.

If you still decide to check the kit yourself, then pay special attention to the following points.

Firstly, this is the authenticity of the documents. The real seller must have an original set of documents on hand, and not copies, even if notarized.

Secondly, you must definitely clarify whether there is any encumbrance on this living space, that is, whether the person standing in front of you has the right to enter into contracts and sell this real estate. The house book, which contains all the information about the residents, as well as the owners of the apartment, will be very helpful in this matter.

Thirdly, it would obviously be useful to collect statements (to the seller or buyer) from other homeowners about their consent to the transaction, if any. Such a document must be notarized.

And one last thing: if minor children are registered in the apartment, then you must attach a sales permit issued by the guardianship and trusteeship authorities.

All these documents when purchasing an apartment must be legally executed and must not be expired.

Where to look for apartments to buy?

Although realtors claim that only they can select the most suitable apartment based on “their” database, in fact, this can be done by anyone familiar with a computer and with Internet access.

websites with databases of apartment offers for searching. Especially for Moscow and the Moscow region. Access to them is, in most cases, free. Some databases are structured better, some worse. Some are larger in terms of the volume of offers, some are smaller. Some monitor the relevance of advertisements for the sale of apartments (they delete those that have been sold), some do not.

It often happens that many offers are duplicated in several databases at once.

Below are the most, in our opinion, adequate (in terms of volume, structure and relevance) apartment databases :

Database of apartments “CIAN” (all Russia) – here. The Yandex.Real Estate database of apartments (all of Russia) is here.

Database of apartments "Domofond" (all Russia) - here.

In addition, there is open access to the databases of large real estate agencies, in which you can also search for apartments to buy. Of course, in this case, you will have to contact the agent so that he can find out the details from the owner and arrange a viewing of the apartment.

The database of apartments of the agency "MIC Real Estate" (Moscow and Moscow region) is here.

But the most complete and professional real estate database , which is used by most agencies, is the WinNER Database . True, this is already a paid base, and to fully work with it, you need to install special software on your computer (available on the WinNER website). However, this database is also available to individuals and, if desired, anyone can use it.

Professional real estate database : WinNER Database

Anyone can easily find an apartment in these databases on their own, no worse than any realtor. The vast majority of apartments for sale are publicly available on the Internet.

♦ Speaking of searching for an apartment using Internet databases ♦ (Click! And the truth will be revealed to you in a pop-up window.)

By the way, hanging street advertisements (on poles, entrances, bulletin boards) in areas where you are looking for an apartment - such as “I will buy an apartment in your house/area, without intermediaries” - despite its primitiveness, often has a positive effect.

Realtors also use the same technique to find apartments for their clients in a given area. Even in the 21st century, with general digitalization, an ordinary piece of paper in plain view of passers-by (this is called “outdoor advertising”) still works.

How much do realtor services cost when selling and buying an apartment? Market practice – see the link.

Registration process

Another important stage in purchasing real estate. If you plan to return your income tax when purchasing an apartment, then you need to approach this point especially carefully. Otherwise, you will have to run after the seller after the transaction due to your carelessness.

The list of documents for registration of sale and purchase is as follows:

1. Application for registration of a purchase and sale agreement. The document is drawn up by both parties on special forms (can be obtained from real estate agencies, realtors or the registration department) at the location of the purchased living space.
2. If the owner is not involved in the transaction, then a notarized power of attorney (original and copy) is required for the right to sign the purchase and sale agreement.
3. A bank document indicating payment of the state duty by both parties for transactions of this type (original and copy).
4. A set of documents indicating the owner of the apartment (purchase, donation, inheritance, etc.).
5. Home Book.

The registration department (at the place of purchase of the living space) first of all verifies the authenticity of the documents provided. After this office gives the go-ahead, you can proceed directly to the legal processing of the transaction.

The registration department quite often refuses to process documents, and there are many reasons for this. The main factor here is the irresponsible approach of both the seller and the buyer. If both parties have used the services of real estate agencies or some single realtors, then refusals are reduced to a minimum.

Typical mistakes are an incorrect street or house name, an incorrect surname or first name of the buyer/seller, as well as suspicion of forgery of documents. The last point forces the registrar to thoroughly study the document and even at the slightest suspicion to refuse admission. Here, even a couple of unprinted letters on the notary’s stamp can cause a refusal.

After the registration department approves the documents and also signs the agreement, the transaction is considered completed. That is, you receive the keys to the apartment and documents confirming ownership of the property and a transfer certificate from the previous owner.

New construction and “resale”: what do the concepts mean and how can you buy?

The main difference separating primary and secondary housing is the process of state registration of property. New buildings (or “primary buildings”) do not have a Unified State Register, that is, apartments for which ownership has not yet been formalized. There are several ways to purchase primary market housing:

• under a share participation agreement with a legal entity;
• by the right of assignment in a facility under construction - from a legal entity or individual;
• under a purchase and sale agreement in a reconstructed facility - from a legal entity.

Real estate in the secondary segment is apartments for which ownership is registered and there is a certificate of this. Moreover, the transfer of ownership could take place several times (hence the prevailing opinion that the secondary segment is apartments in which someone has already lived). You can only buy a secondary housing apartment using DCT from individuals.

You should know that the concept of “secondary” includes housing owned by private individuals and municipalities. However, unlike the first category, apartments are not legally the property of the tenant, but belong to the state. Only by exercising his right to privatization can a person dispose of a municipal apartment.

Advantages of primary real estate

Based on the above pricing factors, you can determine the advantages of buying a primary home:

• the use of high-tech, durable and reliable materials in the construction of modern houses, compliance with new safety requirements;
• design of spacious premises with a convenient layout, in accordance with new standards;
• availability of double-glazed windows and water and gas meters;
• elevators (sometimes freight elevators) with underground and surface parking are required;
• warranty period for the operation of the premises (5 years), namely for ceilings, engineering structures and walls with windows, which obliges the developer, if problems arise at this time, to eliminate problems and compensate losses to residents.

But there are also disadvantages, these are:

• rough finishing of the apartment (just walls - no repairs or communications), which implies significant additional expenses for the buyer before moving in;
• new buildings, as a rule, are built in places remote from transport arteries and do not have developed infrastructure;
• there is no wide choice of options, since liquid and budget housing is dismantled in the early stages of construction, and towards completion, expensive housing (with a large area) remains, on the first and/or last floor, and also with a poor view from the window;
• there is no opportunity to register for yourself and your relatives;
• unsatisfactory mortgage lending conditions, which is associated with the accreditation by the developer of the property in 2-3 banks, the conditions of which are often not favorable, and the rates are 1-2% higher.

But over time, residential neighborhoods acquire the necessary shopping centers, social and other infrastructure facilities. But is the opportunity to be the first to live in an apartment in which no one has ever slept, and the absence of alcoholics and drug addicts among neighbors (they are unlikely to buy housing in a new building) worth all the above inconveniences - everyone decides for himself.

Advantages of secondary real estate

Secondary housing is characterized by the following undeniable advantages:

• the possibility of prompt occupancy, since there are already communications with repairs;
• a wide choice of options (including floor, view from the window, proximity to stops, and so on);
• a large number of mortgage lending offers;
• instant registration of yourself and your family;
• well-maintained infrastructure (if the house is more than 5 years old).

But there are also many shortcomings, which often relate to the “secondary” buildings of Soviet construction, where there have been no major renovations for a long time:

• wear of load-bearing walls due to long-term use and environmental exposure;
• risk of destruction of old utilities;
• small area and old layout.

But for the sake of fairness, it should be noted that unreliable walls with communications can be found in new houses, since irresponsible developers, in order to enrich themselves, save on materials and do not adhere to construction standards, as well as safety regulations. Therefore, when purchasing real estate on the primary or secondary market, it is necessary to hire an expert and check the safety of the home. Sometimes the funds that will need to be additionally invested in an apartment amount to up to half of its cost.

What then?

The buyer and the seller should discuss organizational issues regarding the moving in of a new tenant, as well as the eviction of the old one. As a rule, the law provides for a clear period of time - two weeks, which are given to the seller to vacate the living space. But by mutual agreement, these terms can be changed either up or down. It is better to do this in writing to avoid additional problems.

Next, the buyer needs to register at the passport office, that is, receive an official registration in the passport. It would be useful to immediately visit the housing office, water utilities and other housing organizations to re-register responsibilities and receive personal accounts in your name.

Filing a tax deduction is also one of the buyer’s responsibilities, so there is no point in delaying a visit to the tax office. Before going to the Federal Tax Service, you must make copies of property documents. There is no need to notarize them, but when applying for a deduction, you will need to show the original in addition to the copy.

In general, the process of buying and selling an apartment takes about two weeks, and if the documents are in full order and you register through an agency, then even less.

Primary housing: advantages and disadvantages

Until recently, one of the main advantages was purchasing housing cheaper than its market value.
Achieved by concluding a transaction at the stage of construction of the facility. After July 1, 2021, this scheme lost its relevance for those companies that received a construction permit after July 2, 2018 and beyond.

Developers who have received 2 or more permits to build houses before this date can continue to raise money from citizens under an agreement for participation in shared construction.

If you are tempted to acquire real estate according to the old scheme, you need to find such companies and enter into an agreement with them.

In order not to join the list of defrauded shareholders, numbering thousands of names, thoroughly check the information about the company. Choose developers who have been working on the market for many years and are subject to new legal requirements.

New changes in legislation in the construction sector will gradually lead to an increase in prices for primary housing . Developers will have to borrow money from banks, who, in turn, will have to enter into an agreement with citizens instead. Construction companies will be able to receive money from the buyer only after the house is put into operation.

This government decision is aimed at protecting the interests of citizens and clearing the market of unscrupulous developers.

Advantage No. 2 – the ability to purchase an apartment without finishing. Those who love an individual approach to everything want to create a unique atmosphere in their apartment. The finishing work from the company often does not live up to expectations and is not performed in the best possible way.

Advantage No. 3 – no encumbrances/restrictions on the apartment. It may be pledged, seized, under trust management, or with uncoordinated redevelopment. There are many cases with hidden relatives, fake documents, etc. Some encumbrances, for example, commercial leases for a period of less than a year, are not registered with Rosreestr at all, making it more difficult to verify the purity of the transaction.

Advantage #4 – cleanliness. The buyer is the primary owner. No one lived in the apartment in front of him, nothing happened to it. It's nice.

Advantage No. 5 – improved construction technologies. Responsible developers use advanced construction, heat and sound insulation materials, and reliable utilities.

The disadvantages of primary housing are minor:

1. Additional expenses for repairs (the cost of the apartment increases significantly);
2. Move-in not immediately, but after some time (after putting the house into operation - up to 3 months on average);
3. The presence of temporary problems - with infrastructure, constant repair work, etc.;
4. Ownership does not appear immediately;
5. Use of low-quality materials for construction and finishing.

The dangers of buying dilapidated housing

The buyer of a dilapidated home always expects to be demolished quickly and given a huge apartment in a new building instead. It's not like that at all! Residents may wait many years for their home to be demolished. At the same time, people continue to live in an apartment without renovation and are waiting for the promised mansions. In addition, Article 50 of the Housing Code of the Russian Federation provides for an accounting norm of living space per person of 12 square meters. meters.

And when dilapidated buildings are resettled in new buildings, the developer allocates apartments of no more than 40 square meters specifically for such a program. meters. This means that no apartments will be available for residents. And basically, sellers of dilapidated housing are well aware of their futility and begin actively selling such real estate. Also, in dilapidated houses, visual repair deficiencies are often hidden by covering them with a dummy. And a new tenant, upon moving into an apartment, may encounter enormous unsolvable problems and surprises.

Wooden floors in particular must be treated with extreme caution, especially when remodeling an apartment. It is also necessary to take into account the load of electrical wiring, the state of wear and tear of heating and water supply risers. A thorough inspection of such real estate is simply necessary!